OCR Text |
Show JUDGMENT REVERSED IN THE SUPREME COURT In an opinion handeddown Saturday morning tho supremo court reverses tho judgment of the lower court for the plaintiff in the suit of C. S. Price vs. the Western Loan and Savings company, com-pany, and remands tho caso for a new trial. Tho opinion was written by Chief Justice W. M. McCarty, Justices' Straup and Frick concurring. Tho facts arc: Price first wna engaged en-gaged liudnr no special contract to represent tho company in a legal wav. but P. W. Madsen, president and business busi-ness manager, .finally complained that Price .was receiving more in this wav than tho company was able to pay, and a contract was entered into wherebjr Pricp was to get $100 a month as long as his services were satisfactory or necessary nec-essary to the company. This was in May of 1904 and in that month of 3905 Madsen dispensed with his services. Price elected to treat the contract as rescinded instead of terminated ter-minated and brought suit to collect for his services from the dato of the contract con-tract until his discharge. The lower court entered judgment. in his favor for $1075, but tho higher court says the contract lacked mutuality and reverses the judgment. |